Neurodiversity: overcoming barriers in recruitment

It is estimated that one in seven adults in the UK is neurodivergent. This means that even if you are a small business, it is likely you will employ someone with a neurodiversity at some point. It follows that you will also need to consider neurodivergent candidates as part of your recruitment processes.

The impact of neurodiversity in recruitment

New research published by Zurich UK in November 2024 has revealed a troubling reality for neurodivergent adults in the job market. Of the 1,000 neurodivergent individuals polled, half of these individuals say that they faced discrimination during the recruitment process due to their neurodiversity.

The research showed that three in 10 neurodivergent adults had their applications dismissed once they disclosed their neurodiversity. Others faced rejection for subjective reasons such as communication style or team fit, and nearly a third had comments made about their abilities.

The research found that more than half of neurodivergent adults believe recruitment processes are designed to "weed out" neurodivergent individuals rather than assess their abilities. This year’s Government-backed Buckland Review of Autism Employment corroborated this, noting that neurodivergent candidates face increased barriers due to the neurotypical design of job applications and interviews.

This research sheds light on the significant barriers neurodivergent individuals face in the recruitment process. Discrimination, stigma, and poorly designed recruitment processes hinder their chances of securing employment and impact their confidence and mental health. However, with the right adjustments and a commitment to neuroinclusive practices, employers can unlock the potential of neurodivergent talent and create a more diverse and productive workforce.

What is neurodiversity?

Neurodiversity is an umbrella term which describes the natural variations in the way that people think and can be used to refer to conditions including autism spectrum disorder, dyspraxia, dyslexia and attention deficit hyperactivity disorder (ADHD) to name a few.

The issues

The research by Zurich UK showed that traditional recruitment processes are creating unnecessary barriers for neurodiverse candidates. Many of the neurodiverse jobseekers polled struggled during interviews, with 37% panicking because an overly complicated question structure, 26% citing long and elaborate applications, 24% noting vague job descriptions that are hard to relate to and 23% finding timed tasks difficult.

Other barriers cited by candidates included group-setting assessments (22%) and pre-prepared presentation tasks (17%), with 96% saying struggles had negatively impacted their confidence and 95% claiming their mental health had been adversely affected. Their ability to self-promote (93%) and earnings capacity (92%) had also suffered.

Just 17% were offered adjustments at the interview stage without prompting, but a third (32%) were only given this option after asking. Four in 10 (42%) were not offered adjustments at all.

Legal Framework

Section 6 of the Equality Act 2010 (EqA 2010) defines a disability as a physical or mental impairment that has a substantial impairment on an individual’s ability to carry out normal day-to-day activities and is long-term (i.e. it has lasted at least 12 months, it is likely to last 12 months or it is likely to last for the rest of the life of the person affected). Depending on the individual circumstances, it is therefore possible that some people who are neurodivergent will meet the statutory definition of disabled under the EqA 2010.

If an individual is disabled, it is unlawful for an employer to:

• treat a job applicant or employee less favourably than others because of disability (direct discrimination);
• apply a provision, criterion or practice that disadvantages job applicants or employees with a shared disability without objective justification (indirect discrimination);
• treat a job applicant or employee unfavourably because of something arising in consequence of their disability without objective justification (discrimination arising from disability);
• fail to comply with its duty to make reasonable adjustments where a disabled job applicant or employee is placed at a substantial disadvantage (failure to make reasonable adjustments);
• subject a job applicant or employee to harassment related to disability (harassment);
• subject a job applicant or employee to a detriment because they have made or intend to make a disability discrimination complaint under the EqA 2010, or because they have done or intend to do other things in connection with the EqA 2010 (victimisation); or
• Ask job applicants pre-employment health questions other than for a prescribed reason.

Organisations should be aware that while neurodiversity could meet the legal definition of disability under the EqA 2010, not all neurodivergent employees will consider themselves to have a disability and so may not expressly notify their employer or potential employer of the fact. Nevertheless, obligations under the EqA 2010 (such as the duty to make reasonable adjustments) will still arise if an employer knows, or could reasonably be expected to know, an individual has a disability. 

The question of an employer’s knowledge of an employee’s disability was considered in the recent case of Godfrey v Natwest Market Plc. In that case, the Employment Tribunal found at first instance that an employer had constructive knowledge of Mr Godfrey’s disability (Asperger's syndrome), even though he had not been formally diagnosed at the time of the alleged discrimination. However, on appeal, the EAT found that NatWest did not have constructive knowledge. It decided that the first-instance tribunal had asked itself the wrong question by focusing on whether NatWest could reasonably have been expected to know, after reasonable enquiry, that Mr Godfrey had an autistic spectrum disorder, rather than a mental impairment generally with a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities. Notwithstanding the EAT’s decision, this is a timely reminder for employers that they can be found to be constructively aware of an employee’s (or prospective employee’s) disability.

Suggested adjustments to support neurodivergent job seekers

To create a more inclusive recruitment process, several adjustments can be made, including:

1. Be forthcoming: encourage applicants to disclose their neurodiversity early on and to request reasonable adjustments from the start of the recruitment process;
2. Provide clear instructions: explain instructions and expectations clearly in advance, such as the interview format, location, duration, and process;
3. Avoid group assessments: remove group interviews and assessments unless necessary; and
4. Share adaptations: provide examples of adaptations that can be made or have been made before.

Conclusion

Whilst the narrative around neurodiversity in the workplace has traditionally focused on differences, there is a growing recognition of the benefits neurodiversity can bring, including enhanced creativity, hyperfocus and diverse thought processes. 

Therefore, despite the challenges, there is positive news. Six in 10 neurodivergent adults believe that things are better than they used to be, and over half say it is easier to disclose neurodiversity now. Employers are taking steps to raise awareness of neurodiversity in the workplace and to remove friction points in the hiring process to encourage neurodiverse job applicants.

When senior leadership champions neurodiversity, it sends a positive signal both to employees and prospective employees that the company is an inclusive workplace. Increasing visibility not only reduces stigma around neurodivergence but it can also encourage applicants to be more forthcoming in working with the employer to ensure that the recruitment process works with and not against neurodivergent individuals. Ultimately, vocal and active support from senior leaders is crucial in building a culture that embraces and leverages the strengths of neurodivergent employees.

When interviewing neurodivergent individuals, please see the suggestions in our blog Important considerations when interviewing neurodivergent employees for further guidance.

Further information can also be found in our article ADHD and employment law: a guide for the workplace.

With thanks to Miranda Good, current trainee in the team, for her help preparing this blog.

This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.

© Farrer & Co LLP, December 2024